HB1234 (2024) Compare Changes


Unchanged Version

Text to be removed highlighted in red.

1 Road Repair by Residents.. Amend RSA 231:81-a to read as follows:

231:81-a Repair of Roads Not Maintained by a Municipality.

I. In the absence of an express agreement or requirement governing maintenance of a private or road, when more than one residential owner enjoys a common benefit from a private or road, each residential owner shall contribute equitably to the reasonable cost of maintaining the private or road and shall have the right to bring a civil action to enforce the requirement of this paragraph. This paragraph shall not apply to any highway defined in RSA 229:5 except class VI roads.

II. Any owner of a residential property abutting a private or road who directly or indirectly damages any portion of such road shall be solely responsible for repairing or restoring the portion damaged by such owner.

III. Nothing in this section is intended to extend or restrict the common law as applied to residences on private or roads, nor to affect the rights and obligations of non-residential property owners on private or roads as they exist under the New Hampshire common law on easements.

2 Effective Date. This act shall take effect upon its passage.

Changed Version

Text to be added highlighted in green.

1 Road Repair by Residents.. Amend RSA 231:81-a to read as follows:

231:81-a Repair of Roads Not Maintained by a Municipality.

I. In the absence of an express agreement or requirement governing maintenance of a class VI road, when more than one residential owner enjoys a common benefit from a class VI road, each residential owner shall contribute equitably to the reasonable cost of maintaining the class VI road and shall have the right to bring a civil action to enforce the requirement of this paragraph. This paragraph shall apply exclusively to any class VI highway defined in RSA 229:5.

II. Any owner of a residential property abutting a class VI road who directly or indirectly damages any portion of such road shall be solely responsible for repairing or restoring the portion damaged by such owner.

III. Nothing in this section is intended to extend or restrict the common law as applied to residences on class VI roads, nor to affect the rights and obligations of non-residential property owners on class VI roads as they exist under the New Hampshire common law on easements.

2 Effective Date. This act shall take effect upon its passage.